| THE NATIONAL ASSEMBLY ------- | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------- |
| No: 66/2006/QH11 | Hanoi, June 29, 2006 |
LAW
VIETNAM CIVIL AVIATION
(No. 66/2006/QH11)
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under December 25, 2001 Resolution No. 51/2001/QH10 of the Xth National Assembly, the 10th session;
This Law provides for civil aviation.
Chapter I
GENERAL PROVISIONS
Article 1.- Scope of regulation
1. This Law provides for civil aviation activities, covering aircraft, airports, airfields, aviation personnel, air navigation, air carriage, aviation security, civil liability, general aviation and other activities related to civil aviation.
2. This Law does not provide for activities of official-duty aircraft, including military aircraft, specialized aircraft of customs and police forces and other aircraft used for state-duty purposes, except for cases where official-duty aircraft are used for civil purposes or other cases prescribed in the Vietnam Civil Aviation Law.
Article 2.-Subjects of application
1. Vietnamese organizations and individuals and foreign organizations and individuals engaged in civil aviation activities in Vietnam.
2. Vietnamese organizations and individuals engaged in civil aviation activities in a foreign country, unless otherwise provided for by the laws of that foreign country.
3. Vietnamese organizations and individuals and foreign organizations and individuals engaged in civil aviation activities in the flight information region under the management of Vietnam.
Flight information region means a delimited area in the air where flight information services and alarming services are provided.
Article 3.-Application of laws
1. For social relations arising from civil aviation activities not governed by this Law, relevant provisions of Vietnamese law shall apply.
2. When this Law and another law provide differently for the same issue related to civil aviation, the provisions of this Law shall apply.
3. When a treaty to which Vietnam is a contracting party contains provisions different from those of this Law, the provisions of that treaty shall apply.
Article 4.- Principles of application of law in case of law conflicts
1. The laws of the state in which an aircraft's nationality is registered shall apply to social relations arising on board the aircraft in flight and to determining rights to an aircraft.
2. The laws of the state in which a contract related to rights to an aircraft is signed shall apply to determining the form of such contract.
3. The laws of the state in which an aircraft is salvaged or preserved shall apply to the payment of remuneration for the salvage or preservation of such aircraft.
4. The laws of the state in which an accident occurs as a result of aircraft collision or interference or in which an aircraft in flight causes damage to third parties on the surface shall apply to the compensation for damage.
Article 5.-Principles of civil aviation activities
1. Respect for independence, sovereignty, unity and territorial integrity of the Socialist Republic of Vietnam; assurance of safety and security of aviation; assurance of defense and security requirements and effective exploitation of aviation potential in service of national socio-economic development.
2. Compliance with the national socio-economic development strategy, the communications and transport development strategies, plannings and plans; coordinated development of airports, airfields, air navigation, means of transport and other resources; environmental protection and sustainable development.
3. Sound and fair competition among organizations and individuals of all economic sectors participating in civil aviation activities.
4. Expansion of international exchange and cooperation in the domain of civil aviation.
Article 6.-Policies on development of civil aviation
1. The State shall prioritize investment in construction and upgrading of airports, airfields and other facilities belonging to civil aviation infrastructure in order to ensure safe, efficient and coordinated development of air carriage.
2. The State shall create conditions for Vietnamese organizations and individuals of all economic sectors, foreign organizations and individuals and overseas Vietnamese to cooperate and invest in the domain of civil aviation.
3. The State shall facilitate Vietnamese airlines to provide air carriage services and exploit flight routes to areas with particularly socio-economic difficulties, mountainous, deep-lying and remote areas.
4. The State shall encourage research and application of scientific and technological advances and human resource training for civil aviation development.
5. The State shall protect legitimate rights and interests of organizations and individuals of all economic sectors engaged in civil aviation activities.
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